International Refugees Protection in the Context of Human Rights

Refugees are defined as people who are due to a reasonable fear of persecution, caused by reasons of race, religion, nationality, membership in certain social groups and political parties, are outside their nationality, and do not want protection from the country. When refugees leave their home country or residence, they leave their lives, homes, possessions, and family. The refugees cannot be protected by their home country because they are forced to leave their country. Therefore, protection and assistance to them is the responsibility of the international community. In countries receiving refugees, they often experience inhumane treatment such as rape, assault, discrimination, repatriation by force, which lead to the violation of human rights. There has been regulation for human rights in refugee issues both internationally and regionally, for instance, the Convention related to Status of Refugee 1951 and The Protocol relating to the Status of Refugee 1967. There are at least five basic rights of refugees, they are the right to be protected from returning to the country of origin forcibly (non-refoulement), the right to seek asylum, the right to obtain equality and non-discrimination, the right to live, and to be secured, as well as the right to return home.

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PERLINDUNGAN HAK ASASI MANUSIA PENGUNGSI INTERNASIONAL

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v1i2.10642 ◽

2012 ◽

Vol 1 (2) ◽

Author(s):

Ayub Torry Satriyo Kusumo

Keyword(s):

Human Rights ◽

Natural Disasters ◽

Key Words ◽

International Convention ◽

Human Rights Protection ◽

Rights Protection ◽

The Status ◽

Return Home ◽

The Right ◽

Refugee Issues

AbstractRefugees are a group of people who were forced to leave the country because of very threatening fear. Fear is often due to natural disasters or conflict. In countries receiving refugees, they often experience inhumane treatment such as rape, assault, discrimination, repatriated by force, those lead to the violation of human rights. There has been regulation for human rights in refugee issues both internationally and regionally, for instance Convention related to Status of Refugee 1951 and The Protocol related to the Status of Refugee 1967. There are at least five basic rights of refugees, they are the right to be protected from returning to the country of origin forcibly (non refoulement), the right to seek asylum, the right to obtain equality and non-discrimination, the right to live and to be secured, as well as the right to return home. Key words : International Convention on Refugees, Status of Refugee, Human Rights ProtectionAbstrakPengungsi adalah kelompok orang yang dipaksa untuk meninggalkan suatu negara karena takut yang sangat mengancam, dapat disebabkan oleh bencana alam atau konflik. Di negara-negara penerima, pengungsi sering mengalami perlakuan tidak manusiawi seperti perkosaan, penganiayaan, diskriminasi, dipulangkan secara paksa yang mengarah pada pelanggaran hak asasi manusia. Ada pihak-pihak yang telah menetapkan hak asasi manusia dalam masalah pengungsi baik internasional maupun regional, seperti Konvensi Status Pengungsi dari tahun 1951 dan Protokol yang berkaitan dengan Status Pengungsi 1967. Setidaknya ada lima hak dasar pengungsi, yaitu hak atas perlindungan dari kembali ke negara asal secara paksa (refoulement non), hak untuk mencari suaka, hak untuk mendapatkan kesetaraan dan non-diskriminasi, hak untuk hidup dan keamanan, serta hak untuk pulang.Kata kunci : Konvensi Internasional tentang Pengungsi, Status Pengungsi, Perlindungan Hak Asasi Manusia

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CIVIL AND LEGAL LIABILITY OF JUDGES

International scientific journal Internauka Series Juridical Sciences ◽

10.25313/2520-2308-2020-11-6439 ◽

2017 ◽

Author(s):

Yaroslav Skoromnyy ◽

Keyword(s):

Human Rights ◽

Pension System ◽

Legal Liability ◽

Judicial System ◽

Constitutional Court ◽

Model Code ◽

European Court ◽

The Status ◽

The Law ◽

The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

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Blasphemy Law as a Structural Violence: A Challenge for Maintaining Sustainable Peace

Muslim World Journal of Human Rights ◽

10.1515/mwjhr-2020-0019 ◽

2021 ◽

Vol 0 (0) ◽

Author(s):

Cekli Setya Pratiwi ◽

Sidik Sunaryo

Keyword(s):

Human Rights ◽

Structural Violence ◽

International Community ◽

Peace Studies ◽

International Human Rights Law ◽

Human Rights Law ◽

Legal Standards ◽

Muslim Countries ◽

Sustainable Peace ◽

The Right

Abstract Blasphemy law (BL) has become a central issue for the international community in various parts of the world in the last three decades. In almost every case involving the BL, especially in Muslim countries, such as Pakistan, Malaysia, and Indonesia, they are always responded with violence or threats of attack that cause many victims, loss of homes, damage to places of worship, evictions, stigma of being heretical, severe punishments, or extra-judicial killings. When international human rights law (IHLR) and declaration of the right to peace are adopted by the international community, at the same time, the number of violence related to the application of BL continues to increase. This paper aims to examine the ambiguity of the concept of the BL in Pakistan, Indonesia, and Malaysia, and how its lead to the weak of enforcement that creates social injustice and inequality. Then, referring to Galtung’s theory of structural violence and other experts of peace studies, this paper argues that blasphemy law should be included as a form of structural violence. Therefore its challenges these States to reform their BL in which its provisions accommodate the state’s neutrality and content high legal standards. Thus, through guarantee the fully enjoyment of human rights for everyone may support the States to achieve sustainable peace.

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Recourse to Human Rights Treaty Bodies for Monitoring of the Refugee Convention

Netherlands Quarterly of Human Rights ◽

10.1177/016934410202000104 ◽

2002 ◽

Vol 20 (1) ◽

pp. 53-74 ◽

Cited By ~ 3

Author(s):

Saul Takahashi

Keyword(s):

Human Rights ◽

Monitoring Methods ◽

Refugee Convention ◽

Body Model ◽

Number Of Factors ◽

The World ◽

Monitoring Mechanism ◽

The Status ◽

Treaty Body ◽

Refugee Issues

Nearly all human rights conventions adopt the treaty body model to monitor states parties' implementation of their treaty obligations. This monitoring mechanism provides for a quasi judicial committee, far detached from sites of many of the human rights violations it reviews. On the other hand, there is no such treaty body for the 1951 Convention relating to the Status of Refugees. Rather, there is the UNHCR; a large operational agency with offices all over the world, including in sites of refugee emergencies. Effective monitoring of human rights conventions would seem to require a number of factors, including independence and transparency. Legitimate monitoring would have to be strong, and would have to be seen to be strong. Criticism raised in recent years of UNHCR's monitoring methods are largely based on frustration with these points. This paper will examine these issues, and also examine whether recourse to the treaty bodies really provides an adequate remedy for refugee rights. The argument of this paper is that while the UNHCR's monitoring of the Refugee Convention is problematic in many respects, the monitoring of refugee issues by the treaty bodies is in many ways incomplete and inconsistent, and that the treaty body model does not provide refugee advocates with a comprehensive solution.

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The normative framework of the protection of personal data in the field of (bio)medicine

Temida ◽

10.2298/tem1203099r ◽

2012 ◽

Vol 15 (3) ◽

pp. 99-114 ◽

Cited By ~ 1

Author(s):

Natasa Rajic

Keyword(s):

Human Rights ◽

Personal Data ◽

European Convention ◽

International Treaties ◽

Normative Framework ◽

The Status ◽

The Republic ◽

The Right ◽

Treatment Procedures ◽

Biomedical Treatment

This paper discusses the normative framework of regulating the right to protection of personal data relating to biomedical treatment procedures of patients as human rights. The subjects of analysis are the European Convention, the Convention on Human Rights and Biomedicine and the relevant provisions of the Constitution of the Republic of Serbia. The right to protection of personal data in the field of biomedicine is analyzed comparatively in terms of the content of this right and in terms of basis for limiting this right. The analysis is carried out to find answers to the question if the constitutional framework is consistent in terms of exercising this right, taking into account the constitutional provision on the direct application of human rights guaranteed by international treaties and other provisions that determine the status of international sources of law in our legal system.

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THE POSSIBILITY OF THE RIGHT TO RELIGION EMERGING AS A JUS COGENS NORM (PART 2)

Obiter ◽

10.17159/obiter.v37i3.11519 ◽

2016 ◽

Vol 37 (3) ◽

Author(s):

David Abrahams ◽

Tayla Dye

Keyword(s):

Human Rights ◽

International Community ◽

Previous Article ◽

Republic Of Korea ◽

Human Rights Violations ◽

Jus Cogens ◽

The Right ◽

Near Future

This article follows a previous article published in Obiter Vol 2 of 2016. In that article the concept of jus cogens and its role in the international community, together with the nature of the right to religion, were discussed. In Part Two, the seriousness of such human rights violations needs to be appreciated by the international community at large. To this end, the Democratic People’s Republic of Korea will serve as a case study, examining the extent of the DPRK’s compliance of its obligations vis-à-vis the right to religion. This should ultimately lead to an understanding as to why the right to religion emerging as a jus cogens norm will not solve the problem of enforcement, and even if it could, due to the uncertainty surrounding the formation of jus cogens it is unlikely that other human rights will be added to the list in the near future.

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Subjects of the Right to Appeal to the Court in Cases of Recognition of Inheritance as Escheat

University Scientific Notes ◽

10.37491/unz.80.7 ◽

2021 ◽

pp. 70-94

Author(s):

Nadiia BONDARENKO-ZELINSKA ◽

Maryna BORYSLAVSKA ◽

Oksana TRACH

Keyword(s):

Human Rights ◽

The Public ◽

Scientific Analysis ◽

The Status ◽

Land User ◽

Legitimate Interests ◽

The Subject ◽

Government Body ◽

The Right ◽

Do So

The article explores certain problems of law enforcement practice in recognizing inheritance as escheat. The subject of scientific analysis is the subject composition of these procedural relations. Applicants in this category of cases can be conditionally divided into two groups: 1) persons obliged to submit an application to the court for recognition of the inheritance as escheat, and 2) persons who have the right to do so. The persons who are obliged to apply to the court for recognition of the inheritance as escheat are territorial communities. On the basis of an analysis of the legislation, it was established that in the case where a united territorial community was formed in a certain territory, it is authorized to apply to the court for recognition of the inheritance as escheat. On behalf of the local self-government body as a representative of the territorial community (united territorial community), a lawsuit may be initiated to recognize the inheritance as escheat: 1)by its headman or 2) another person authorized to do so according to the law, statute, regulation, employment contract. That is, there can be both self-representation and representation on the basis of a special assignment. It received additional justification for the ability of the prosecutor’s office to submit an application for recognition of the inheritance as escheat in the absence of a territorial community. In such a case, the public prosecutor's office shall represent the legitimate interests of the State in court, in accordance with article 56 of the Code of Criminal Procedure, as a body or person entitled to defend the rights, freedoms and interests of others (human rights defender). The possibility of participating not only as an applicant but also as a human rights defender is justified. The possibility of self-representation of local self-governments in cases of recognition of inheritance as escheat by a headman is proposed. It is further argued that such a possibility should be provided for in the Headman’s Regulations, which are approved by the relevant local councils. The peculiarities of initiation of production by subjects for whom the application to the court for recognition of the inheritance as escheat is a right, not an obligation (creditors of the testator, owners and/or users of adjacent land plots) are analyzed. If an applicant in cases of recognition of the inheritance as escheat is a creditor, documents confirming the existing obligations in relation to the debtor-testator should be attached to the application. Recommendations are made on a list of documents that can confirm the status of an applicant-related land user to apply to the court for recognition of the inheritance as escheat. It is proposed to amend Art. 335 CPC of Ukraine on the necessity to provide the originals of written evidence together with a statement on the recognition of the inheritance as escheat. The role of a notary in cases of recognition of inheritance as escheat has been investigated. It is proposed to provide in the legislation the right of a notary to submit to the court an application for recognition of the inheritance as escheat. It is proposed to improve the way of informing the public about the discovery of an inheritance that has no heirs.

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THE PEDIATRICIAN AND THE PUBLIC

PEDIATRICS ◽

10.1542/peds.7.2.247 ◽

1951 ◽

Vol 7 (2) ◽

pp. 247-258

Author(s):

JORGEN S. DICH

Keyword(s):

Human Rights ◽

Political Parties ◽

Basic Needs ◽

Modern Society ◽

Social Medicine ◽

Personal Freedom ◽

The Public ◽

Political Bias ◽

The Subject ◽

The Right

The subject of this talk concerns social medicine in the Scandinavian countries, not socialized medicine. The term socialized medicine has a political bias which is not in conformity with the conception of social medicine in Scandinavia. Every step in the development of the Scandinavian social medicine program has been adopted unanimously by all parties, irrespective of their attitudes toward socialism itself. Political parties have advocated liberalism and opposed socialism with the same ardor with which they have supported the expansion of social medicine. In Scandinavia, therefore, it is not necessary to advise us to "Keep politics out of this picture." Politics have always been omitted, even to the extent that a phrase corresponding to the American "socialized medicine" has never been used in Scandinavia. And if you were to try introducing it, it would not be understood. What is social medicine? It can be defined as an organization of the medical services according to a certain conception of individual or human rights and public obligations in a modern society. In all countries it is accepted that there are some basic needs which everyone has the right to satisfy, irrespective of income. Protection of personal freedom belongs to this group; so does education of the children.

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Justice, Jurisdiction, and Migration

Justice, Migration, and Mercy ◽

10.1093/oso/9780190879556.003.0004 ◽

2019 ◽

pp. 67-93

Author(s):

Michael Blake

Keyword(s):

Human Rights ◽

Country Of Origin ◽

International Human Rights Law ◽

Human Rights Law ◽

International Human Rights ◽

Positive Account ◽

Basic Rights ◽

International Human ◽

And Migration ◽

The Right

This chapter introduces the book’s positive account of the right to exclude. It grounds it in the limited and presumptive right to be free from being charged with the defense of another’s basic rights—when those rights are adequately protected in her country of origin. The chapter provides an argument for this jurisdictional ground, while showing that it is consonant with both the structure of international human rights law and consistent with the nature of states as political entities. This ground, moreover, is shown to be incapable of defending the sorts of exclusion found in political practice—which opens up the possibility of using that ground to criticize existing practices. The chapter ends by considering three forms of objection—the objections from expulsion, from reproduction, and from liberty—and shows how the jurisdictional method defended can overcome these concerns.

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INTRODUCTORY NOTE

The Global Community Yearbook of International Law and Jurisprudence 2019 ◽

10.1093/oso/9780197513552.003.0030 ◽

2020 ◽

pp. 694-706

Author(s):

Frans Viljoen

Keyword(s):

Human Rights ◽

Case Law ◽

Fair Trial ◽

Customary International Law ◽

Human Rights Treaties ◽

Introductory Note ◽

The Status ◽

The Right ◽

First Time ◽

Family Code

The African Court on Human and Peoples’ Rights is the newest of the three regional human rights courts. This brief analysis provides an overview of the most salient aspects of the Court’s 2018 case-law with respect to jurisdiction, provisional measures, admissibility, merits decisions, and reparations orders. Continuing its trajectory of increasing productivity, the Court in 2018 handed down the highest number of merits decisions in its brief history. As in previous years, most of these were fair-trial-related cases against Tanzania. The Court’s 2018 case-law contains a number of firsts. In Gombert v. Côte d’Ivoire, the Court for the first time ruled as inadmissible a case previously settled by an African subregional court, the Court of Justice of the Economic Community of West African States. In Anudo v. Tanzania, dealing with the right to nationality, the Court for the first time found a violation of the Universal Declaration of Human Rights, on the basis that the Declaration has attained the status of customary international law. In Makungu v. Tanzania, it for the first time ordered the applicant’s release as an appropriate remedy for serious fair trial violations. The Court’s most significant decision of 2018 is the Mali Marriage case, in which it held aspects of the 2011 Malian Family Code to be in violation not only of human rights treaties emanating from the African Union, but also the UN Convention on the Elimination of all forms of Discrimination Against Women.

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